PREFACE. In the prospectus issued for this work it was said that the Municipal Laws of Upper Canada are in importance second to none of the laws of the Province, and that every Municipal Corporation is a small Parliament, possessed of extensive but yet limited powers. It was then pointed out, that to ascertain in every case the existence or non-existence of a power-the nature of it—its precise limit and the mode in which it should be exercised is the object of all who are in any manner concerned in the administration of Municipal affairs. When it is considered, that in the first instance these matters are to be determined by Municipal Councils, seldom containing Members versed in the laws, often acting without the aid of professional advice, the importance of a guide becomes, as said in the prospectus, manifest. That guide it has been the aim of the Editor in the following pages to produce. He now proposes as briefly as possible to state upon what principles and in what manner he has performed his task. The Legislature, having by the consolidated Act of the present year, classified many Municipal enactments and repealed many of those that were effete or thereby rendered useless, the Editor with the assistance of legal friends of greater experience than himself, in the first place. applied himself to the work of expounding the Consolidated Act by the light of adjudged cases. This he did patiently and assiduously, noting latent difficulties and explaining as far as possible all difficulties of every kind that occurred to him. The result is a body of notes more elaborate than he contemplated when he began his labors. All decisions reported in time for his pen, have been carefully epitomized and introduced into the notes so written. Having in this manner continued his labors until the completion of the Consolidated Act, he next turned his attention to other Acts of a like kind, promiscuously scattered through the twenty-two volumescontaining the Provincial Statutes. Beginning at the first Act he selected in chronological order such acts as from their nature a person. would expect to find in a Municipal Manual, until he reached the last Act of the kind now in force. The result is a large collection of Acts and parts of Acts added to the end of the Consolidated Municipal Act. One great difficulty which the Editor experienced from first to last, was to publish all Acts at all of use to Municipalities, and yet to keep his book in a single volume of moderate dimensions. To accomplish this, Acts have been abbreviated by the omission of mere formal matter, Acts of a private nature and so of little public utility have been in some places abridged by the statement of substance only, and in others nothing has been given except the title or heading, when expressive of the object. Other Acts, such as those regulating the inspection of Beef, Pork, Ashes and the incorporation of Road and other Companies have, because of their great length and comparatively speaking little general utility, been entirely excluded. So have the Common School and Grammar School Acts. The reason of the exclusion of the latter is that they are contained in "The Educational Manual," a small work within the reach of all, and it is presumed in the possession of all engaged in the execution of those Statutes. The arrangement adopted has been the chronological, in preference to the analytical The reason being that by such an arrangement the growth of the law is opened up to public view, while for convenience of reference the addition of a very full analytical Index imparts to the work all the benefits of analysis. Thus, under Toronto, Kingston, Hamilton, &c., in the Index will be found references to Acts applying specially to these Cities though published in different parts of the Volume. To make the Chronological arrangement still more effective," the Editor has, as a rule, in the margin of each Statute wherever it is altered or affected by a subsequent Statute, made a reference to the subsequent statute. The object of this is to guard against reading any one provision as the only or whole law on the subject wherever there are others which ought to be read in connexion with it. For the convenience of the legal profession as well as for the infor mation of all concerned, the Rules of Court governing contested Municipal Elections, have been added in the appendix and noted in the general Index like other parts of the Work. In the appendix will also be found a form of By-law to contract a debt by borrowing money. The utility not to say necessity of such forms is well known. In the preparation of this edition of the MUNICIPAL MANUAL, the Editor had neither the time nor the materials to enable him to give a complete set of Municipal Forms. He, however, did what he could towards supplying the void by preparing a form of a By-law of more general use than that of any other form of By-law. His reasons for so doing were two fold. First, to furnish a model whereby other By-laws may be drawn. And secondly, to furnish a form for that By-law, which of all others must essentially be correct both in form and in substance. Great responsibility rests upon those who undertake to prepare bylaws, on the legality or illegality of which large monied transactions are made to depend. Some form must be observed; and yet a close adherence to technical nicety may in certain cases work positive injustice. Were it possible to secure for money by-laws the stamp of legality, so as to remove all suspicion of informality, irregularity or illegality, the effect would be eminently beneficial. It would beget a spirit of confidence, alike of advantage to the seller and to the buyer of Municipal debentures. Less room would be left for speculation or trade in the fears of men or contingencies of law, and more stability be imparted to the negotiation of Canadian Municipal Securities; one consequence of whichand not the least-would be, that the market value of all such securities would be proportionably increased. The only mode likely to attain so desirable an end that at present occurs to the Editor, would be to require all by-laws of this kind to be approved by some public functionary, and, when approved, to be unimpeachable on the ground of informality or want of technical accuracy. Such is the principle applied to by-laws passed to raise money on the credit of the Consolidated Revenue Fund. It is enacted, that "no informality or irregularity in any such by-law, or in the proceedings relative thereto, anterior to the passing thereof, shall in any manner affect the validity thereof, after the GovernorGeneral in Council shall have approved of such by-law; but the order in Council approving such by-law shall be held to cover any such informality or irregularity, and the by-law shall be valid to all intents and purposes." (16 Vic. cap. 123, sec. 5.) It is easy to perceive how efficacious would be this seal of approval, if applied to all money by-laws. The object of it is to secure the confidence of the public. That object is as much needed in the case of any ordinary money by-law, as one to raise money on the credit of the Consolidated Municipal Loan Fund; and if beneficial in the one case, the Editor cannot help suggesting that the benefits ought, by some appropriate machinery, to be extended to all similar cases. Indeed the Legislature have, in other instances, partially affirmed the principle. It is by the Consolidated Municipal Act enacted, that "in case a by-law by which a rate is imposed has been specially promulgated in the manner specified, no application to quash the by-law shall be entertained after six calendar months have elapsed since its promulgation," (sec. 195,) and that "in case no application to quash any by-law so specially promulgated is made within the time limited for that purpose, the by-law, or so much thereof as is not the subject of any such application, or not quashed upon such application, so far as the same ordains, prescribes or directs any thing within the proper competence of the Council to ordain, prescribe or direct, shall, notwithstanding any want of substance or form, either in the by-law itself or in the time or manner of passing the same, be a valid by-law." (Sec. 200.) With these observations, the present edition of the MUNICIPAL MANUAL is submitted to the public. Of the public, the Editor has only one request to make. It is, that imperfections are not to be attributed to neglect, but to circumstances-such as want of time and want of space-over which he, however well disposed, had no control. QUEEN STREET WEST, 22nd December, 1858. BAKER & The Municipal Council of Paris, (1 U. C. Q. B. 621) 93, 94, 127, 128 Barclay and Township Council of Darlington, (11 U. C. Q. B. 470) 5, 98... 128 Bartlett & Smith, (11 M. & W. 486)..... 218 4 131 Bartlett & The Municipality of Amherstburgh, (14 U. C. Q. B. 151)......... ....... 138 99 99 Bell & The Municipality of Manvers, (2 U. C. C. P. 507)........... Carrick (6 U. C. C. P. 180)............... 93 CESAR & The Municipality of Cartwright (12 U. C. Q. B. 341)............... 98 Cameron & the Municipal Council of East Nissouri (3 U. C. Q. B. 190)...85, 111 Canada Co. & The Municipal Council of Oxford, (9 Ù. C. Q. B. 567) 85, 110 111 Carey & Tate, (6 U. C. O. S. 147)... 210 Carter & Sullivan, (4 U. C. C. P. 298)... 22 Case of Corporations, (4 Co. 77).. 86 Christmas v. Eicke, (6 D. & L. 156).. 60 Choate & The Municipality of the Township of Hope, (6 U. C. Q. B. 424)..... 181 109 Conger & Peterborough Municipal Council (8 U. C. Q. B. 849)............93, 178 DANIELS & The Municipal Council of the Township of Burford, (10 U. C. |